TaxTMI 
TaxTMI 
TaxTMI 
2021 (2) TMI 1237
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....e Station, Pune for the offence punishable under Sections 307, 387, 487, 504, 506(ii) r/w. 34 of Indian Penal Code, 1860 ("IPC" for short). Sections 3(1) (ii), 3(2), 3(3), 3(4) of M.C.O.C. Act were invoked. 3. The applicant had preferred an application for bail before M.C.O.C Special Court on merits. The said application was rejected by order dated 24th October, 2017. Thereafter, applicant preferred another application for bail before same Court. The said application was rejected on 9th July, 2018. 4. The applicant then approached this Court seeking bail on merits. Application was rejected on 30th January, 2020. While passing the said order, this Court has taken into consideration, evidence on record and observed that, in view of nature o....
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.... for a period of 3 months. The Apex Court had observed that affidavit in reply has been filed by respondent state accepting that the petitioner suffers from cancer and that he requires multiple courses of chemotherapy. Considering the entirety of matter bail was extended. 6. In pursuant to aforesaid order the applicant preferred an application for bail before Special Court under the M.C.O.C. Act on 13th June, 2020. Reliance was placed on the medical case papers, in support of the prayer for bail. The applicant relied upon medical report dated 22nd June, 2020 from Cell Vision, Pathology Suggesting Immuno-histo chemistry and clinical and radiological treatment and medical report from Onco-life cancer centre, Mumbai stating that applicant req....
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....ant is suffering from pulmonary tuberculosis and require treatment. As per advice of oncho physician dated 24th June, 2020 chemotherapy advised will be given after the tuberculosis treatment is over. He relied upon medical case papers of Sasoon Hospital. The Supreme Court while extending bail vide order dated 26th May, 2020 had observed that in the affidavit by state, it is accepted that the applicant suffers from cancer and required multiple courses of chemotherapy. If there is any doubt regarding medical case papers. The applicant may be directed to be examined by any other doctor. It is submitted that the applicant is undergoing treatment and bail can be granted to him on merits as well as on medical ground. 9. Learned APP opposed the a....
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....Court in the case of Sambhaji Haribhau Kudale Vs. State of Maharashtra 2006 ALL MR (Cri) 3193, Anil Umrao Gote Vs. State of Maharashtra 2005 ALL MR (Cri) 350 and Yogesh Ahiwale Vs. State of Maharashtra dated 28 th July, 2020 delivered in B.A. No.120 of 2020 wherein it was observed that the Special Judge or the High Court cannot release the accused charged for offences under M.C.O.C. Act on temporary or interim bail. 11. The applicant preferred application for bail before Special Court on merits which were rejected on 24th October, 2017 and 9th July, 2018. The applicant preferred application on merits before this Court which was rejected on 30th January, 2020. He preferred Special Leave Petition before Supreme Court challenging Order dated ....
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....l on 1st February, 2020 for bleeding in anus. He was advised endoscopy and biopsy on 12th February, 2020. Endoscopy and biopsy was conducted on 12th February, 2020. On 14th February, 2020 he was given report by Histopathology department stating well differentiated Neuroendocirine Neo Plasm IHC Ki67<10% and no dyplasia or malignancy seen in present biopsy. Applicant was sent to medical officer at Sasoon Hospital. He was advised DOTA Scan. He was taken to Ruby Hall Clinic on 17th July, 2020 and Dr.Amol Galge conducted DOTA Scan. On examining reports, it was noticed that infection to intestine was removed. DOTA Scan showed that there were no signs of cancer. Jail authorities were informed about it. On the basis of biopsy and endoscopy conducte....
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.... he needs chemotherapy. Dr.Andure told him that he do not require chemotherapy and such letter cannot be issued to him. Dr. Andure was shown photocopy of letter dated 24th June, 2020 wherein it was stated that patient needs to be treated by chemotherapy 3 weekly for six cycles depending upon review of IHC and PET CT Scan. Doctor denied having issued such letter and stated that the handwriting and signature is not his. The police report indicate that, during enquiry and from documents received, it is disclosed that applicant by using report of Sasoon Hospital approached Shaswat Hospital and obtained certificate of Neuroendocrine colonic malignancy and for further treatment claiming interim bail. DOTA PET Scan test report were not shown to me....